Who owns photo taken by studio?

[Rhine]

What is the name of your state? PA

If you pay to have your portrait taken by a store's photography department, such as Penney's or Walmart, and purchase the picture, who owns the copyright to that pic? Can I legally have that pic of myself printed on a book cover?

[I AM ALWAYS LIABLE]

Originally Posted by Rhine

What is the name of your state? PA

If you pay to have your portrait taken by a store's photography department, such as Penney's or Walmart, and purchase the picture, who owns the copyright to that pic? Can I legally have that pic of myself printed on a book cover?

My response:

You only paid for prints from the negatives. Without a prior agreement on the issue, the store owes both the negatives and the copyrights. Therefore, no, you cannot use the photo(s) for any purposes other than private exhibition in the form that they were delivered to you; e.g., you can place the wallet size picture in your wallet or purse, and you can display the 8X10 glossy in your home.

Read this landmark U.S. Supreme Court case that started it all - -

Click here for summary of Burrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53 (1884):
[url]http://www.smithsonianmag.com/smithsonian/issues04/may04/indelible.html[/url]

Click here for full text of Burrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53 (1884):
[url]http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=111&page=53[/url]

IAAL

[dallas702]

Hmmmmm....a good reason to buy a good digital camera and take your own pics.

[I AM ALWAYS LIABLE]

Originally Posted by dallas702

Hmmmmm....a good reason to buy a good digital camera and take your own pics.

My response:

What a crock of sh!t. If that were the case, studio photographers would have gone out of business years and years ago. Fortunately, studio photographers won't allow you to hold a can of Bud or have your Monster Truck in the background.

IAAL

[dallas702]

No, not sh!t. Self protection. I realize there are countless people who trust the judgement of professional photographers to do the right thing, but if it is possible for them to use your pics for whatever they wish without recourse I would never give the opportunity for potential abuse. So, as long as it is a conscious choice with the customer having the knowledge of the photographer's "rights" (and, not some ultra-fine print obscured somewhere in the midst of other documents)....and understanding the implications....let the buyer beware.

I'd bet not one person in a million either knows or considers the consequences of this service.